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35870

Ural Direk, et al. v. Attorney General of Ontario, et al.

(Ontario) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2015-08-07 Close file on Leave
2015-08-07 Reconsideration not accepted for filing
2014-12-03 Letter acknowledging receipt of a complete motion for reconsideration
2014-11-05 Motion for reconsideration of the application for leave to appeal, (Book Form), Completed on: 2014-12-03 Ural Direk
2014-10-10 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2014-10-10 Judgment on leave sent to the parties
2014-10-09 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C57834, 2014 ONCA 216, dated March 7, 2014, is dismissed with costs.
Dismissed, with costs
2014-09-15 All materials on application for leave submitted to the Judges, Abe Ro Mo
2014-09-09 Order on motion to file a lengthy memorandum of argument, (by the REGISTRAR)
2014-09-09 Decision on motion to file a lengthy memorandum of argument, Reg, UPON APPLICATION by the applicants for an order permitting the filing of a lengthy memorandum of argument of fourteen (14) pages;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is granted without costs.
Granted, without costs
2014-09-09 Submission of motion to file a lengthy memorandum of argument, Reg
2014-07-09 Motion to file a lengthy memorandum of argument, (Book Form), For the Reply, Completed on: 2014-07-09, (Electronic version filed on 2014-07-09) Ural Direk
2014-06-16 Applicant's reply to respondent's argument, Motion for lenghty memorandum requested - Rec'd on 2014-07-09, Completed on: 2014-07-09 Ural Direk
2014-06-05 Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2014-06-05 Attorney General of Ontario
2014-05-07 Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2014-05-07
2014-05-07 Correspondence (sent by the Court) to, Acknowledgment letter
2014-05-06 Correspondence received from, Ural Direk dated 2014-04-22. Re: Fee waiver request and waive all past and future costs against Ural Direk
2014-05-06 Application for leave to appeal, (4 volumes), Completed on: 2014-05-06 Ural Direk

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Direk, Ural Applicant Active
Ertug Direkoglu, Kemal Direkoglu and Elif Direkoglu Applicant Active

v.

Main parties - Respondents
Name Role Status
Attorney General of Ontario Respondent Active
Toronto Police Services Board Respondent Active

Counsel

Party: Direk, Ural

This party is not represented by counsel.

Party: Ertug Direkoglu, Kemal Direkoglu and Elif Direkoglu

This party is not represented by counsel.

Party: Attorney General of Ontario

Counsel
Name
Josh Hunter
Contact information
Attorney General of Ontario
720 Bay Street
4th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-3840
FAX: (416) 326-4015
Email: joshua.hunter@ontario.ca
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Toronto Police Services Board

Counsel
Name
Ansuya Pachai
Contact information
City of Toronto
55 John Street
Stn. 1260, 26th Floor, Metro Hall
Toronto, Ontario
M5V 3C6
Telephone: (416) 392-9074
FAX: (416) 392-3848
Email: apachai@city.toronto.on.ca

Summary

Keywords

None.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Civil procedure — Motions judge granting order permanently staying counter-application filed by applicants on grounds that it had no reasonable prospect of success — Whether Court of Appeal erred in holding that motions’ judge had made no error?

In 2009, the Attorney General of Ontario filed an application brought under the Civil Remedies Act, 2001, S.O. 2001, c. 28 seeking the forfeiture of some of the applicants’ property as proceeds or instruments of crime. The property in question had been seized by police in connection with an investigation of an alleged illegal drug distribution operation.

In response, the applicants filed a counter-application against the Attorney General and the Toronto Police Services Board (TPSB). Among the remedies sought by the applicants was an order quashing the Attorney General’s application and an order granting the applicants’ $4 billion dollars in compensation.

The Attorney General of Ontario and the TPSB filed motions pursuant to Rule 21 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 for an order staying or dismissing the counter-application on the grounds that it is frivolous, vexatious or otherwise an abuse of the process of the court.


Lower court rulings

September 20, 2013
Ontario Superior Court of Justice

CV-09-386582

See file

March 7, 2014
Court of Appeal for Ontario

C57834

Counter-application filed by the applicants, permanently stayed

Filed documents

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

Not available

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

Downloadable PDFs

Not available

The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.

If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.

Downloadable PDFs

Not available

Webcasts

Not available.

Date modified: 2025-02-27